Terms of service.

These terms govern your use of Kitegraph, the data library and chart publishing service at kitegraph.com, app.kitegraph.com, and related subdomains (the "Service"). By using the Service you agree to these terms and to our privacy policy. If you use the Service on behalf of an organization, you agree on its behalf and confirm you have the authority to do so. If we sign a separate written agreement with you or your organization, that agreement takes precedence over these terms where they conflict.

1. The Service

Kitegraph provides a library of statistics compiled from public sources, tools to build and publish charts from that library or from your own data, and related features such as embeds, exports, video renders, team workspaces, and an API. What each plan includes is described on the pricing page, which forms part of these terms.

2. Your account

You need an account for some features. You must provide a valid email address, keep your sign-in access secure, and be at least 16 years old. An account belongs to one person: credentials, sessions, and API keys must not be shared or passed between people. You are responsible for activity under your account. Tell us promptly at [email protected] if you believe your account has been compromised.

3. Plans, billing, and cancellation

Paid plans are billed per account, monthly or annually, and renew automatically until canceled. You can cancel at any time from your account; cancellation takes effect at the end of the current billing period, and paid features remain available until then. Fees already paid are not refunded for partial periods, except where the law requires otherwise. Prices may change; changes apply from your next renewal and we will give you at least 30 days notice by email. Prices exclude any applicable taxes, which are your responsibility. If a payment fails and is not resolved, we may downgrade the account to the free plan.

4. Your content

You own the charts you create and the data you bring to the Service. You grant us the license needed to operate the Service: to store, process, back up, render, and, when you publish, display your content on the public pages and embeds you create. This license ends when you delete the content or your account, except for copies in routine backups for a limited period.

You are responsible for the content you upload and publish. You confirm that you have the rights to use any data you bring to the Service, that it respects the privacy and intellectual property of others, and that you will not upload data from a source that prohibits its re-use or republication.

5. The Kitegraph data library

The library contains statistics that we compile, clean, and shape from third party public sources, with the source cited on every statistic and chart. Subject to your plan, you may browse the library, build and publish charts from it, and download the underlying data. Published charts and downloaded data may be used in your articles, reports, presentations, and other work, provided the source line or citation stays with the material. You may not resell or redistribute the library or substantial parts of it as a dataset, use automated means to extract it in bulk, or present a source's data as your own findings.

6. Attribution

Charts published on the Free and Starter plans carry the Kitegraph credit. You must not remove, obscure, or crop it. Plans that include white-label branding may replace the credit as described on the pricing page. Source lines citing the original data publisher must remain on every chart regardless of plan.

7. Acceptable use

• Use the Service only for lawful purposes, and do not publish content that is deceptive, defamatory, infringing, or harmful.
• Do not misrepresent data: do not alter values while attributing them to a source, and follow the attribution rules of the original publisher.
• Do not probe, disrupt, or overload the Service, circumvent plan restrictions or rate limits, or access another user's content without permission.
• Automated use must stay within fair use. We may throttle or queue excessive rendering or API traffic to keep the Service responsive for everyone.

If published content violates these terms we may unpublish it without prior notice.

8. The API

API keys are personal to your account and available on the plans that include API access. Keep keys secret; anything done with your key counts as done by you. API use is subject to fair use and may be throttled. We version the API sensibly but may change or retire endpoints with reasonable notice.

9. Availability and changes to the Service

We work to keep the Service fast and available, but it is provided without an uptime guarantee unless you have an Enterprise agreement that says otherwise. We may change, add, or remove features. If a change materially reduces what your paid plan includes, we will notify you, and you may cancel with effect from the end of the paid period.

10. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate an account that violates these terms, creates risk for the Service or other users, or is required to be suspended by law; where reasonable, we will warn you first. On termination your published pages stop being served and your content is deleted per our privacy policy. Sections of these terms that by their nature should survive termination, including sections 5, 6, and 12 through 15, survive.

11. Intellectual property

The Service, including its software, design, and the Kitegraph name and mark, belongs to Kitegraph. These terms grant no rights in it beyond the use they describe. If you send us feedback or suggestions, we may use them without obligation to you.

12. Third party sources and services

Library data originates from third party publishers, and the Service links to and interoperates with third party services. Those parties' terms govern your direct dealings with them, and we are not responsible for their content or availability.

13. Disclaimers

The Service and the library are provided as is and as available. We work to keep the library accurate and current, but statistics originate from third party sources and we do not warrant that any data is accurate, complete, or fit for a particular purpose. Verify data before relying on it. Nothing in the Service is investment, legal, tax, or other professional advice.

14. Limitation of liability

To the fullest extent permitted by law, Kitegraph is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for all claims relating to the Service is limited to the amount you paid us in the 12 months before the claim, or 50 US dollars if you have paid nothing. Nothing in these terms limits liability that cannot be limited by law, including liability for intent or gross negligence.

15. Indemnification

If you use the Service for an organization or in the course of business, you will indemnify Kitegraph against third party claims arising from your content or your breach of these terms, to the extent permitted by law.

16. Changes to these terms

We may update these terms. We will post the new version here with a new effective date, and for material changes we will notify account holders by email at least 14 days in advance. Continued use of the Service after a change takes effect means you accept the updated terms.

17. Governing law

These terms are governed by the laws of the State of West Virginia, United States, without regard to its conflict of laws rules. Disputes will be resolved in the state or federal courts located in West Virginia, except that either party may seek injunctive relief in any competent court. If any provision of these terms is found unenforceable, the rest remain in effect.

18. Contact

Questions about these terms reach us at [email protected].